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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 04TH DAY OF JUNE, 2019
BEFORE
THE HON’BLE MR. JUSTICE ALOK ARADHE
CRIMINAL PETITION NO.1126 OF 2017
Between:
1. Siddharth Vikal,
Aged about 36 years,
Son of: SM Vikal,
No.G-135,
Adithya Sollievo Apartments,
New Temple, Nallurahalli,
Whitefield,
Bengaluru-560 066.
2. Kamlesh Kanta Vikal,
Aged about 73 years,
Wife of : SM Vikal,
28, Green Field,
Ludhiana,
Punjab-141 002.
3. Rashmi Vikal,
Aged about 41 years,
Daughter of: SM Vikal,
Wife of: Pankaj Sharma,
C-03, Ground Floor,
Century Chimes,
No.25, Shantivana,
2nd Cross, Sahakar Nagar Post,
Bengaluru-560 092. …Petitioners
(By Smt.P.S.Deepa Rani, Adv., for
Sri Rajesh Chander Kumar, Adv.,)
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And:
1. State of Karnataka,
By Whitefield P.S.
At Bengaluru-560 066.
Represented by SPP.
2. Henna Soni,
W/o Siddharth Vikal,
D/o Sushil Kumar Soni,
Aged about 30 years,
No.6074, 7th Floor,
Shobha Ruby Apartments,
8th Mile, Tumkur Road,
Bengaluru-57.
(Respondent No.2 impleaded
V/C/O dated: 07.01.2019)
…Respondents
(By Sri Vijayakumar Majage, Addl.SPP for R1;
Smt. A.Nancy Prince, Adv., for R2)
This Criminal Petition is filed under Section 482
of Cr.P.C., praying to quash the order dated
28.11.2016 in C.C.No.2097/2016 passed by the
Additional Chief Judicial Magistrate, Bengaluru Rural
District, Bengaluru to the extent of holding that it is a
fit case to frame charge under Section 498A of IPC
and Sections 3 Section4 of Dowry Prohibition Act, 1961
against the petitioners (Annexure-A) and proceedings
thereunder.
This Criminal Petition coming on for hearing,
this day, the Court made the following:-
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ORDER
Smt. P.S. Deepa Rani, learned counsel for Sri
Rajesh Chander Kumar for petitioners.
Sri Vijayakumar Majage, learned Additional
Special Public Prosecutor for respondent No.1.
Smt. A. Nancy Prince, learned counsel for
respondent No.2.
2. The petition is admitted for hearing. With
the consent of the learned counsel for the parties, the
same is heard finally.
3. In this petition under Section 482 of the
Code of Criminal Procedure, the petitioners seek for
quashment of the proceedings initiated against them
for the offences under Section 498A of Indian Penal
Code (hereinafter referred to as ‘SectionIPC’ for short) and
Sections 3 and Section4 of Dowry Prohibition Act, 1961
(hereinafter referred to as ‘the Act’ for short) in
C.C.No.2097/2016 pending before the Additional
Chief Judicial Magistrate, Bengaluru Rural District,
Bengaluru.
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4. When the matter was taken up today,
learned counsel for the parties jointly submit that the
dispute between the parties has been amicably
settled before the Family Court and therefore, the
instant proceedings be quashed.
5. In view of the aforesaid submission and
taking into consideration the fact that the dispute
between the parties has been amicably settled before
the Family Court, the proceedings in
C.C.No.2097/2016 pending before the Additional
Chief Judicial Magistrate, Bengaluru Rural District,
Bengaluru, for the offences under Section 498A of
IPC as well as Sections 3 and Section4 of the Act are hereby
quashed.
In the result, the petition is allowed.
SD/-
JUDGE
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